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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9089
Experience:  Since 1983
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i have a question for you Benjamin i was at the park after

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i have a question for you Benjamin i was at the park after hours at 1 am with a friend we were going to engage in sexual intercourse but a cop showed up and ask me to step out of the vehicle. so i did so with my pants undone i had all my cloths on so did my friend he gave us a misdemeanor citation for public indecency which i don't fully understand i wasn't naked at all it was 1 am no one was around why would he give me a citation for that? and what will be the punishment for this offense that is not reallyl an offense i didnt get cought in the act just had my pants undone nothing was showing . my friend is 23 and am 21 years old so was their a crime here?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 6 years ago.
If your pants were on but unbuttoned and unzipped and your belt was unbuckled, well you still had your pants on and did not expose any X rated portions of your anatomy so I so not see how you can be guilty of public indecency under these facts.

Even if convicted, if you have no priors, maximum penalty is a $500 fine, see
http://naturistaction.org/StatesFrames/State_Laws_Frames/Tennessee_Laws/body_tennessee_laws.html that has the statutes.

http://www.michie.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=tncode is apparently the official website for the statutes.

You can get a free consultation from some of the Tennessee criminal defense lawyers listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Criminal-Law/Tennessee

If you cannot afford an attorney you can ask the court to appoint one at your first court appearance. I think the charge is bogus.

Maybe if the cops had rolled up on you 15 minutes later they might have busted you for this fair and square but they did not catch you in the act and it was illegal to arrest you for a misdemeanor that was not committed in the immediate presence of the officer. Maybe you were about to commit a misdemeanor but the statute as written is not violated until someone exposes skin. Also there's an argument that a parked car is not a public place.

I urge you to fight and win the criminal case, and then, consider suing the police for false arrest and maybe malicious prosecution.

I hope this information is helpful.
Customer: replied 6 years ago.
on the police report it says this
subject was found in a vehicle with other indidivual when ask to step out of the vehcile subject did so with his pants undone subject stated he was trying to have a little fun
subject was in enaged with the individual at the time of apporach so thats the report word for word
so what do you think of it? should i be concern about going to court for this?
Expert:  N Cal Attorney replied 6 years ago.
I don't know what that report means when it says subject was in engaged with the individual at the time of approach.

"Have a little fun" could mean a lot of things that do not involve indecent exposure. I would be concerned enough to fight this but from what you wrote you did not violate the law and hopefully will not be convicted. Hopefully the person you were with can testify that you never exposed anything.
N Cal Attorney and other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
am in the military so i dont want to be convicted of this crime when in fact i didnt break the law from what you have told me. any advice when i get in front of the judge?
Expert:  N Cal Attorney replied 6 years ago.
At the first court appearance you would plead not guilty and, if you cannot afford an attorney, ask the judge to appoint an attorney to assist in your defense.

Thank you for accepting my answer.